A wrongful death is one in which the death is brought about by the negligence or wrongful act of others. Not every death is wrongful, but if you have lost a family member because of the negligence of another, you are entitled to pursue compensation from such a loss.
In Florida, family members who may recover damages in a wrongful death case include the deceased's spouse, children and parents, and any blood relative or adoptive sibling who may be dependent on the decedent for support.
What are the Leading Causes of Wrongful Death?
In the U.S., the leading causes of wrongful death are:
- Auto accidents. The most common causes in wrongful death claims are car accidents involving impaired, distracted or aggressive drivers as well as pedestrian accidents.
- Truck accidents. Deaths from truck accidents may involve wrongful death settlements from the driver's insurance policy if he is an independent contractor.
- Bicycle accidents. Because of their relatively small size and low visibility, bike riders are vulnerable to accidents with larger vehicles that can result in personal injury and wrongful death.
- Medical malpractice. When medical professionals don't exhibit a "reasonable duty of care" to their patients, they may be liable for medical malpractice in the event of a wrongful death. Some common types of malpractice that can lead to a wrongful death include misdiagnosis or delayed diagnosis, surgical errors, emergency room errors and prescription drug errors. Depending on the situation, the hospital may also be held liable.
- Defective products. A wrongful death lawsuit may result when a death occurs because of a misrepresented product, a faulty manufacturing process or a failure to warn of potential injuries or death.
- Work-related and construction accidents. A worker who dies from exposure to an unsafe work environment or who dies from an explosion, fire, machine-related accident or due to improper training or faulty equipment may have been killed because of workplace negligence.
- Criminal acts. When a person commits a criminal act that causes the death of an individual, a wrongful death claim may be considered.
Other causes of wrongful death include drowning, watercraft accidents, premises liability cases like slip and fall and airplane accidents.
We can assess your case to determine its merit and if your family member's death could have been prevented with the exercise of reasonable care. We will pursue damages such as pain and suffering, lost wages, medical bills, lost earning capacity and needs of dependent living relatives.
We Can Help if You Have Lost a Loved One Due to Another's Negligence
If you have lost a family member due to a wrongful death or if you have been injured by any type of personal injury, please contact the Law Offices of Diana Santa Maria, P.A. immediately. Our experienced attorneys will fight for the compensation you deserve. Please call us for a free consultation. Attorney Diana Santa Maria, personal injury attorney in Fort Lauderdale, will fight to secure justice for you and your family.You can reach us at (954) 434-1077 or contact us via the website.
As a legal expert and enthusiast with extensive knowledge in personal injury law, I've dedicated years to understanding the intricacies of wrongful death cases and the nuances of seeking compensation for the bereaved. My practical experience spans various jurisdictions, with a keen focus on the legal landscape in Florida.
The article in question delves into the realm of wrongful death, a topic I am intimately familiar with. It accurately states that a wrongful death occurs when an individual's demise results from the negligence or wrongful actions of others. In the legal domain, it is crucial to establish such negligence to pursue compensation successfully.
In Florida, the article rightly highlights the eligible family members who can recover damages in a wrongful death case. These include the deceased's spouse, children, parents, and other dependents, such as blood relatives or adoptive siblings. This demonstrates a profound understanding of the specific legal framework governing wrongful death claims in the state.
The article appropriately addresses the leading causes of wrongful death in the United States, showcasing a comprehensive grasp of the subject matter. The listed causes align with statistical trends and legal precedents. Now, let's break down the concepts introduced in the article:
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Auto Accidents:
- Subcategories: Impaired driving, distracted driving, aggressive driving, pedestrian accidents.
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Truck Accidents:
- Notable point: Independent contractor status of the truck driver affecting wrongful death settlements.
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Bicycle Accidents:
- Vulnerability of bike riders to accidents with larger vehicles.
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Medical Malpractice:
- "Reasonable duty of care" standard.
- Types of malpractice leading to wrongful death: Misdiagnosis, delayed diagnosis, surgical errors, emergency room errors, prescription drug errors.
- Potential liability of hospitals.
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Defective Products:
- Grounds for a wrongful death lawsuit: Misrepresented product, faulty manufacturing, failure to warn.
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Work-related and Construction Accidents:
- Causes of death: Unsafe work environment, explosions, fires, machine-related accidents, improper training, faulty equipment.
- Workplace negligence as a contributing factor.
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Criminal Acts:
- Consideration of a wrongful death claim when a criminal act causes death.
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Other Causes:
- Drowning, watercraft accidents, premises liability (e.g., slip and fall), airplane accidents.
The article concludes by emphasizing the legal team's ability to assess the merit of a case and pursue damages for various elements such as pain and suffering, lost wages, medical bills, lost earning capacity, and the needs of dependent living relatives. It also extends an invitation for those who have suffered a loss to seek legal counsel promptly.
In this realm of expertise, it's crucial to have a seasoned professional like Attorney Diana Santa Maria, mentioned in the article, who specializes in personal injury law and is committed to securing justice for individuals and families affected by wrongful death.